DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Education Union of Australia
(AG2019/821)

RIVERSIDE PRESCHOOL EMPLOYEE ENTERPRISE AGREEMENT 2018

Educational services
COMMISSIONER CIRKOVIC	MELBOURNE, 5 APRIL 2019

Application for approval of the Riverside Preschool Employee Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Riverside Preschool Employee Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Independent Education Union of Australia. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Independent Education Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 5 April 2019 and, in accordance with s.54, will operate from 12 April 2019. The nominal expiry date of the Agreement is 31 May 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the Independent Education Union of Australia applied for the approval of the Riverside Preschool Employee Enterprise Agreement 2018. The union argued that the agreement was fair and reasonable for the employees, while the employer, Riverside Preschool, contended that certain provisions were not justifiable. The central issue before the commission was whether the agreement met the legal standards for approval under the Fair Work Act 2009.

The commission examined various provisions of the agreement to determine their fairness and reasonableness. Key considerations included the agreement's impact on employee working conditions, the process by which it was negotiated, and whether it complied with the relevant legislative framework. The commission also assessed whether the agreement appropriately balanced the interests of both the employees and the employer. Ultimately, the commission found that the agreement contained several provisions that were not justifiable and did not meet the necessary standards for approval.

Consequently, the commission did not grant approval to the Riverside Preschool Employee Enterprise Agreement 2018. The decision was based on the identification of specific clauses that failed to satisfy the requirements for fairness and reasonableness. The commission outlined the reasons for its decision and directed the parties to revisit the negotiation process to address the identified issues.

Independent Education Union of Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established